The Programme Act of 26 December 2015 provides clarification on the calculation of the period of 48 months that applies in the context of exemption from advance payment of withholding tax for starters.
To support young entrepreneurs, the Programme Act of 10 August 2015 has introduced a specific measure with regard to the exemption from advance payment of withholding tax for SMEs younger than 4 years (Article 275/10 of the Income Tax Code 1992).
This measure became effective on 1 August 2015.
Calculation of the period of 48 months
In accordance with the provisions of this Programme Act, the period of 48 months had to be calculated in days ('from a given date until the day before that given date') from the time of the first registration in the Crossroads Bank of Enterprises by a natural or legal person.
To simplify the calculation of this period, the Programme Act of 26 December 2015 stipulates that this period begins on the first day of the month following the registration in the Crossroads Bank of Enterprises.
A concrete example: if the first registration takes place on 10 February 2016, the period of 48 months will expire on 28 February 2020 (instead of 9 February 2020 according to the former regulation).
The effective date has been set on the same date as the original text, more specifically on 1 August 2015 (with retroactive effect).
Source: Programme Act (I) of 26 December 2015, Belgian Official Gazette 30 December 2015, Ed.2.
Auteur: Isabelle Caluwaerts